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Strive Life Certifications developed by Ryan Caicco
Level 1 - Foundations
Terms and Conditions of Service Agreement (this “Agreement”)
Participant Name: ____________________________________________________________
As a condition to registration in Level 1 – Foundations of the Strive Life Certifications (“Foundations”) developed by Ryan Caicco and provided by Strive Life Inc. (“Strive Life”) and in consideration of the provision of such Foundations by Strive Life, you acknowledge and agree that you have read, understand and accept the following Terms and Conditions of Service:
Certification. In order to successfully complete Foundations, at the end of the Foundations training course you are required to perform testing to the satisfaction of Strive Life. Upon the successful completion of such testing, you will be deemed to be “Strive Life Certified”. If you do not successfully complete such testing you may be eligible, in Strive Life’s sole discretion, to undergo an immediate retest provided that you pay the retest fee imposed by Strive Life.
Renewal. Your Strive Life Certified status must be renewed each year by payment of an annual renewal fee (the “Renewal Fee”). Your Renewal Fee will be invoiced annually by Strive Life.
Revocation of Certification. Failure to pay the Renewal Fee in accordance with the terms of any invoice provided by Strive Life will be grounds for the immediate revocation of your Strive Life Certified endorsement. Strive Life may also revoke the Strive Life Certified endorsement from a Strive Life Certified coach or trainer at any time should the coach or trainer be found to be in breach of any of the professional or ethical standards specified in Strive Life’s Code of Ethics (the “Code of Ethics”), attached hereto as Schedule “A”. The Code of Ethics may be amended from time to time. By signing this Agreement you agree to regularly review the Code of Ethics at https://strivelife.ca/fitness- certification/. Strive Life also reserves the right to disclose whether an individual is currently Strive Life Certified upon receipt of a written request to do so. Note that you cannot represent yourself as a Strive Life Certified coach or trainer or use the terms “Strive Life Certified” or “SL Certified” or the Strive Life Certified Logo (collectively, the “Strive Life Intellectual Property”) unless you are currently Strive Life Certified.
Contents. The contents of Foundations are for educational purposes only and do not involve the provision of any form of medical, psychological, business, legal or healthcare advice or services. The training and training materials delivered in Foundations are intended to provide helpful and useful material on the subjects addressed in Foundations. Strive Life does not provide or purport to provide any medical, health, psychological, business or professional advice or service or any other professional service. Strive Life Certified coaches, trainers and their clients should if necessary seek the advice of a qualified medical practitioner, health professional, legal professional or other relevant competent professional before trying or using any information, exercises or techniques taught in Foundations.
Age. Anyone who wishes to register and participate in Foundations must be at least eighteen (18) years of age and will be required to provide valid identification proving such age in the form of a Driver’s License, Passport or other identification accepted by Strive Life in Strive Life’s sole discretion.
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6. Additional Qualifications. The Strive Life Certified endorsement is deemed a specialty certification. It is your responsibility to determine any additional requirements, including but not limited to qualifications, licenses and formal certifications, necessary to offer Strive Life Certified coaching services in the contexts, facilities or locations chosen.
7. Insurance. Upon being deemed Strive Life Certified, you will be eligible for General Liability Insurance (the “Insurance”) through a Strive Life sponsored insurer (the “Insurer”). In order to subscribe to such Insurance you will be required to contact Strive Life within seven (7) days of your successful completion of Foundations. Strive Life will coordinate the provision of your Insurance through the Insurer. STRIVE LIFE DOES NOT WARRANT THAT COMPLETION OF FOUNDATIONS WILL AUTOMATICALLY QUALIFY YOU FOR INSURANCE. THE PROVISION BY THE INUSRER OF ANY INSURANCE IS IN THE SOLE DISCRETION OF THE INSURER. Any Insurance provided will be in accordance with terms of the Insurance policy.
8. No Guarantee. Strive Life does not represent or guarantee that Strive Life Certified coaches, trainers or participants of any of Foundations will be able to profit from activities as a Strive Life Certified coach or trainer, or attain any particular amount of revenue by offering Strive Life Certified services. An individual’s level of success as an independent contractor will be solely determined by their personal efforts, abilities, and resources.
9. No Warranty. Strive Life makes no representations or warranties with respect to the accuracy, reliability, sufficiency or completeness of the contents of Foundations and specifically disclaims any implied warranties or merchantability or fitness for any particular purpose. There are no warranties which extend beyond the descriptions contained in this paragraph. The accuracy and completeness of the information provided in the training and the opinions stated therein are not guarantees, nor warranties to or towards the production of any particular result, and the advice and strategies contained therein may not be suitable for every individual.
10. Indemnification. By signing this Agreement, you agree to indemnify and hold harmless Strive Life and its owners, officers, directors, employees, agents and affiliates, from any and all direct or indirect claims, causes of action, losses, damages, or expenses, including reasonable legal fees and costs (“Claims”), incurred by such party relating to your actions, negligence, errors or omissions in connection with Foundations or your Strive Life Certification.
11. Intellectual Property. You agree that Strive Life shall not be held liable for incidental, special nor consequential damages based upon your use of the Strive Life Intellectual Property or the distribution, marketing and providing of the Strive Life Intellectual Property, even if you or Strive Life has been notified of the possibilities of such damages. You agree that Strive Life shall not be liable for any direct or indirect loss of profit or any other commercial damages, including but not limited to special, incidental, punitive, consequential or other damages. In implementing or utilizing any part or portion of Foundations, you agree to do so at your own discretion and your own risk, and to not hold, nor attempt to hold Strive Life liable for any Claim arising whatsoever in connection with the use, misuse or inability to use the materials or learnings provided in connection with Foundations.
12. No Refund. Strive Life’s refund policy is that no refund is provided on the cost of Foundations once paid. Notwithstanding the foregoing, if you cancel your Foundations offering after you have paid for.
13. Strive Life's Renewal (the "Renewal Fee"). If you have been renewed and are not continuing as certified. You will have 7 Days after the time of processing to request a refund. At which time a $20 service fee will be applied.
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such Foundations offering the fees you have paid may within one year of such cancellation, for no additional fee, be deferred to a later offering of Foundations subject to availability and approval by Strive Life. In no circumstances can the fees you paid for a Foundations offering be transferred to another person.
13. No Partnership. Successful completion of Foundations shall not be deemed or construed as creating a joint venture, partnership, employment or other relationship between Strive Life and a Strive Life Certified coach or trainer.
14. Cancellations. Strive Life reserves the right to cancel a previously scheduled Foundations offering for any reason. Strive Life will contact you should a Foundations offering be cancelled. In the event that a Foundations offering is cancelled, Strive Life will work with you to reschedule your Foundations offering. In the event that we are unable to reschedule, you may be eligible for a refund (full or partial) of the fees you paid for your Foundations offering in Strive Life’s sole discretion.
15. Assumption of Risks. Strive Life programming, including Foundations, involves risks including risk of personal injury. Included in these risks are negligence on the part of Strive Life and all other related, associated or subsidiary corporations together with all their respective owners, instructors, leaders, officers, employees, agents, contractors, officials and volunteers, other participants, and owners of the facilities where the activities occur (collectively the ”Releasees”). By registering for Foundations, you acknowledge and agree that:
it is your responsibility to consult a physician prior to the commencement of Foundations and any other programs and activities provided by Strive Life;
participation in Foundations exposes participants to many risks and hazards, some of which are inherent in the very nature of the training required to participate in Foundations and the fitness activities and exercise involved in Foundations itself, others which result from human error and negligence on the part of the persons involved in preparing, organizing and staging fitness and exercise activities;
as a result of the aforesaid risks and hazards, you may suffer serious personal injury, (even death), as well as property loss;
some of the aforesaid risks and hazards are foreseeable, but others are not;
while particular rules, equipment and personal discipline may reduce risk of injury, you nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and the possibility of personal injury, death, property damage, expense and related loss (including the loss of income), resulting therefrom and, accordingly, your preparation for, and participation in, Foundations shall be entirely at your own risk; and
you understand that the Releasees do not assume any responsibility whatsoever for your safety during the course of your preparation for, or participation in, Foundations.
16. Release of Liability, Waiver of Claims, And Indemnity Agreement. By signing below, you hereby acknowledge and agree, in consideration of being permitted to participate in Foundations, as follows:
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By signing this Agreement you will waive certain legal rights, including the right to sue.
TO WAIVE ANY AND ALL CLAIMS (INCLUDING LOSS OF INCOME), known or unknown, that you may have or may in the future have against the Releasees.
TO RELEASE, DISCHARGE AND HOLD HARMLESS THE RELEASEES, jointly and severally, from any and all liability, actions, causes of action, statutory rights or remedies, and demands of every nature and kind, and in particular any personal injury, death, property damage, expense and related loss, including loss of income that you or your next of kin may suffer arising, or in any way connected to, resulting from or arising out of your preparation for and participation in Foundations and any other programs and activities provided by Strive Life DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS OF FITNESS ACTIVITIES AND EXERCISE REFERRED TO ABOVE.
TO BE LIABLE AND TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES, jointly and severally, from any and all liability for any damage to or loss of property of, or personal injury to, any third party, resulting from or arising out of your preparation for and participation in Foundations and any other programs and activities provided by Strive Life.
The Releasees may videotape, audiotape and/or photograph you and retain the rights to use these items and may employ any or all of these for all commercial and non-commercial purposes without payment of any kind to you and without further notice to you or permission from you.
17. Severability. Each section, part, term and/or provision of this Agreement will be considered severable and fully-enforceable. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and Strive Life with respect to the matters contained herein and cancels and supersedes any prior understandings, agreements, negotiations and discussions, written or oral, between the parties. Other than as expressly contained in this Agreement, Strive Life is not bound by any representations, collateral agreements, warranties, terms, undertakings, understandings or conditions (whether express or implied).
19. Binding Agreement. This Agreement shall be effective and binding not only on you but your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity.
20. No Contra-Proferentum. By signing this Agreement, you agree that, should any aspect of this Agreement be brought before a judicial or quasi-judicial hearing, this Agreement will be read, reviewed, and interpreted without regard to contra proferentum, and that the rule contra proferentum does not apply with respect to the interpretation of this Agreement.
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21. Amendments. This Agreement may not be amended, supplemented or otherwise modified in any respect except by written instrument executed by you and Strive Life.
22. Waiver. No failure on the part of any party to exercise, and no delay in exercising, any right under this Agreement operates as a waiver of such right. No single or partial exercise of any such right precludes any other or further exercise of either party’s rights.
23. Non-Merger. The completion of Foundations and any termination, expiration or revocation thereof shall not merge this Agreement and any and all conditions contained in this Agreement shall survive the such completion, termination, expiration or revocation.
24. Law and Jurisdiction. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of Ontario, Canada. Any litigation involving the parties to this Agreement shall be brought solely within Ontario, Canada and shall be within the exclusive jurisdiction of the Courts of the Ontario, Canada.
By signing below, you confirm that you have read, understood and agree to the terms and conditions contained in this Agreement, you are aware that by signing this document you are waiving certain rights which you or your next of kin, heirs, executors, administrators and assigns may have against Strive Life and others and you acknowledge your intention to be bound by this Agreement.
Signed at _______________, Ontario, this ____ day of ___________, 20_____.
_________________________________________________________ Participant Signature
Schedule A -
Exhibit “A”
Strive Life Inc. - CODE OF ETHICS
Principle 1: Actively support and promote the goals and philosophy of Strive Life Inc. as well as SL Certifications - Level 1 Foundations.
Principle 2: Provide and deliver instructional/trainer services in a safe, professional manner and exercising professional judgement in the best interest of the client(s), at a level consistent with his or her scope of practice ensuring that client(s) needs are met.
Principle 3: Maintain professional competence by continually upgrading education and knowledge in regards to the latest research in health and fitness and by understanding its practical application.
Principle 4: Respect the autonomy, individuality and dignity of each client (s) and provide instruction/training with respect for human rights and without discrimination.
Principle 5: Uphold and enhance public well-being, appreciation and trust for the health and fitness industry by providing a high level of excellence in both professional skills and knowledge by meeting or exceeding the standards of Strive Life Inc. as well as SL Certifications - Level 1 Foundations.
Principle 6: Preserve the confidentiality of client information acquired in the course of his or her professional practice, as well as comply with all applicable business, employment and/or copyright laws and regulations.
Principle 7: To achieve the best possible outcome for a client(s), understand the roles and contributions of other medical or health care providers and consult with and/or refer to them as appropriate.
Principle 8: Establish and maintain clear professional boundaries.